(TX Penal Code, §§22.01 to 22.12)
Charge Overview - Assault
Most assault cases in Williamson County are misdemeanors and involve physical contact between family members or close acquaintances, such as spouses, boyfriends/girlfriends, brothers/sisters, or neighbors. In Williamson County, it is very easy to be arrested for assault because once the police respond to an emergency/911 telephone call, which typically is how they become involved, they are already predisposed to take someone to jail. If there has been any physical contact between the parties, and frequently even when no physical contact has occurred, someone is likely to be arrested. And believe it or not, sometimes the person who called the police for help is arrested for assault, either because they initiated the physical contact or because they are believed to be the instigator of the incident.
Many people mistakenly believe that the victim in an assault case can decide whether their assailant is arrested, or simply choose to 'drop the charges' after the arrest. However once the police are called, they will decide whether someone is arrested; and the assigned prosecutor will decide what to do with the case after the arrest. Victims may be able to influence what happens with the case, but prosecutors frequently move forward on assault charges even though the victim desperately wants the case to be dismissed.
There are several defenses that may be available to the accused in an assault case, depending on the facts of the case, including: Self-Defense (TX Penal Code, §9.31), Defense of Third Person (TX Penal Code, §9.33), and Protection of One's Own Property (TX Penal Code, §9.41).
To be guilty of felony Aggravated Assault with a Deadly Weapon (TX Penal Code, §22.02), a person must "intentionally, knowingly, or recklessly" cause "serious bodily injury to another, including the person's spouse" OR the person "uses or exhibits a deadly weapon during the commission of the assault." These cases are much less common than misdemeanors and are punishable by prison time and/or an optional fine not to exceed $10,000, though probation may be an option depending on the facts of the case and the person's prior criminal history.
To be guilty of Class-A misdemeanor assault (TX Penal Code, §22.01), a person must "intentionally, knowingly, or recklessly cause bodily injury to another, including the person's spouse," however "bodily injury" is very broadly defined as any "physical pain, illness, or any impairment of physical condition [TX Penal Code, §1.07(8)]." Therefore, any physical contact causing pain to another, unless justified by some legal defense, can lead to an arrest for assault. A Class-A misdemeanor is punishable by up to a year in county jail and/or an optional fine not to exceed $4000. Typically, if the case is not dismissed or reduced to a lesser charge, and depending on the facts of the case and the person's prior criminal history, it will result in some form of probation and a fine.
To be guilty of Class-C misdemeanor assault (TX Penal Code, §22.01), a person must "intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative [TX Penal Code, §22.01(a)(3)]." And they are likely to be arrested (instead of just being issued a citation) if the responding police officer reasonably believes that physical violence is likely to occur later if they simply issue a citation and leave. A Class-C misdemeanor is punishable by a fine not to exceed $500, but simply paying the fine (the easy thing to do in the short-term) leaves you with a final conviction for something that typically sounds much worse than it probably was, and therefore a 'black spot' on your record that will likely follow you for life.
How We Handle Assault Cases
When we are hired to represent someone charged with assault, as with any other type of case, we will navigate our client through the legal process from beginning to end. The first thing we will do is take detailed notes on the facts of the case, focusing on what actions or physical contact led to the arrest. We will also order copies of the police report, video (if any), photos, and 911 tape (if any), and mail copies to our client, after which they are encouraged to schedule an appointment at our office to discuss. If our client believes that something substantive in the police report is incorrect, we will have them provide us with a written affidavit (on a form we provide), that we can then provide to the prosecutor. Based on the facts of the case, we will also discuss any possible legal defenses, such as self-defense. If the 'victim' is willing to help our client get the charge dismissed, we will ask them to provide us with an affidavit for the prosecutor. If our client believe the other party lied to the police, or was the primary aggressor, we will seek to discern their criminal history to see if they have a history of violence, dishonesty, illegal drug use, etc.
If a protective order has been issued against our client, often preventing them from going home, and the victim is willing to help get it lifted, we provide practical advice to get that accomplished quickly. We will also provide our client with a list of proactive things that they can do, or documents they can gather while the case is pending, to increase the chances of a dismissal, or at least to help minimize the severity of their punishment. If the case is not dismissed or reduced to a lesser charge, we will seek to negotiate the best possible plea bargain agreement with the prosecutor and help our client decide whether to accept the prosecutor's best offer or set the case for a trial by judge or jury.
The Pre-Trial Intervention Program
The Williamson County Attorney has a special six-month program, called the Pre-Trial Intervention Program, for many first-time offenders charged with a Class-A or Class-B misdemeanor, including Class-A assault, that results in a dismissal of the charge, but you must apply through your attorney within a specific period of time. If accepted, you must pay a $360 fee, perform 40 hours of community service, take some classes, submit to drug testing, after which the charge will be dismissed. Then two years after the date or your arrest you may petition the court for a complete expunction of the charge, a process whereby an arrest and charge are completely removed from your criminal history and all related records are ordered destroyed.
Scheduling a Free Consultation and the Process to Hire
To schedule a free initial consultation with us to discuss your case, simply call (512) 635-4368 or click on the 'Contact Us' link to complete a form that will be emailed to us. There is no fixed time limit for a free consultation, but they generally last about 30 minutes. At this meeting we will discuss the basic facts of your case, any possible legal defenses, and a basic strategy for handling your case. We can also discuss payment options/plans if you are unable to pay our fee in full. Once you make the decision to hire, you will need to remain at the office for about an hour to complete the necessary paperwork and review several documents that we will provide you. When you leave our office you will have a complete packet of useful information, you will know exactly what the process will be, and you should feel confident in knowing that you have an experienced attorney to navigate you through the process and help you with your case.
The Law Office of Gregory R. Terra
Attorney/Lawyer
501 S. Austin Ave., Suite 1130
Georgetown, TX 78626
(512) 635-4368
(512) 692-2878 (fax)